Haley v. . Sheridan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 6, 1906, which affirmed a final judgment of the court at Special Term in an action of partition. On the 5th day of November, 1903, Mary McArdle, a citizen of the United States, died intestate a resident of the city of New York seized in fee of a certain piece or parcel of real property known as 220 Spring street in said city.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 6, 1906, which affirmed a final judgment of the court at Special Term in an action of partition. On the 5th day of November, 1903, Mary McArdle, a citizen of the United States, died intestate a resident of the city of New York seized in fee of a certain piece or parcel of real property known as 220 Spring street in said city. She did not leave her surviving a descendant, father, mother, brother, sister, or the descendant of a deceased brother or sister. Her only heirs at…
1Opinion of the CourtChase, J.
When the Real Property Law (Laws of 1896, Chapter 547) was enacted all prior statutes in any way relating to aliens taking, holding, conveying and transmitting real property were repealed. At that time the disabilities of aliens relating to real property claimed through descent or devise from some person who was at the time of his death a citizen of the United States had for about three years been wholly removed by chapter 207 of the Laws of 1893 as therein stated. That act provided as follows:
“ Any person who would otherwise answer to the description of heir or devisee of a person, who, at…
2Cases cited1 opinion
- McCormack v. . CoddingtonNew York Court of Appeals · 1906
3Cited by4 opinions
- Techt v. . HughesNew York Court of Appeals · 1920
- Hill v. ThomasNevada Supreme Court · 1954
- Heller v. TeamsDistrict Court, E.D. New York · 1914
- Douglass v. DouglassNew York Supreme Court · 1911